Court Updates

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May 2, 2023

Under the Definitions Provided by the Conway Zoning Ordinance, Short-term Rentals are Allowed in the Residential District.

Town of Conway v. Kudrick
April 24, 2023

When Overturning a ZBA Decision the Matter Does Not Have to be Remanded to the ZBA if the Record is Sufficient to Permit Reviewing Court or Board to Render a Final Decision as a Matter of Law

Ellen & Ronald Campbell v. Town of Pelham
April 18, 2023

Purely Economic Loss Caused by COVID-19 Without Physical Damage to Buildings Does Not Support Claim for Proration of Taxes

Clearview Realty Ventures v. Laconia
April 14, 2023

NH Supreme Court Reverses Superior Court’s Decision Upholding Conditions Placed on Church’s Special Exception Regarding Occupancy & Hours of Operation; Affirms Superior Court’s Decision to Dismiss Constitutional Claims and Grant Wetlands Special Exception

Christ Redeemer Church v. Town of Hanover; Jeff Acker & a. v. Town of Hanover
April 10, 2023

When Granting Waiver of a Conditional Use Permit Under Innovative Land Use Control, HAB Ruled Party Seeking Waiver Must Demonstrate the CUP Regulation Creates an Unreasonable Hardship; HAB Asserted it has Authority to Issue Declaratory Judgements

James Logan v. Town of Candia
January 18, 2023

Planning Board Deviation From Past Practices When Reviewing a Land Use Project Can Result in Reversal of a Board Decision

Appeal of Town of Amherst
December 5, 2022

Equivocal Public Safety Evidence Did Not Support Denial of a Variance on the Issue of Public Safety

46 Martin Road, LLC v. Town of Epping
November 30, 2022

Previously Denied Land Use Application can be Materially Different under Fisher v. Dover if Information Sought at the Time of the First Application is Provided as Part of the Second Application

Transfarmations v. Town of Amherst
November 14, 2022

ZBA Variance Denial Overturned by Housing Appeals Board; Conversion of Obsolete Office Structure to Market Rate Apartments Permitted

Chelmsford Hooksett Properties, LLC v. Town of Hooksett
October 26, 2022

Government Must Provide a Record, if the Records Request Enables a Professional Employee of the Agency who was Familiar with the Subject Area of the Request to Locate the Record with a Reasonable Amount of Effort.

Colquhoun v. City of Nashua
October 4, 2022

Under RSA 672:1, III (e) Municipalities Must Ensure the Exercise of Zoning and Planning Powers do not Discourage the Development of Workforce Housing

Appeal of Town of Windham
May 2, 2022

When Expressing Official Points of View, Local Government Can Control the Content of Signs and Flags Displayed on Municipal Property Under a Written Policy.

Shurtleff v. City of Boston
April 22, 2022

The State Supreme Court Essentially Affirmed the Superior Court’s Opinion that an Investigative Report into a Police Officer’s Conduct is Subject to the Privacy Interest v. Public Interest Balancing Test

Provenza v. Town of Canaan
April 21, 2022

Municipalities Can Adopt Sign Codes that Impose More Stringent Regulations or Prohibitions for Off-premise Signs as Opposed to On-premise Signs

City of Austin v. Reagan National
March 24, 2022

Public Bodies Can Censure Fellow Board Members for Conduct that is Detrimental to the Best Interests of the Public Body

Houston Community College v. Wilson
February 23, 2022

Under RSA 106-H:14 There is a Categoric Exemption for 911 Recordings from the Right-to-Know Law. This Exemption Applies Not Only to the Name, Number and Location of the Caller But Also to the Content of the Recording.

B&C Management v. NH Division of Emergency Services
January 19, 2022

Under RSA 236:112 Property Inundated with Junk is a “Junk Yard” Even if the Owner is Not Selling Junk.

Town of Lincoln v. Joseph Chenard
December 7, 2021

Government Need Only Establish that Disclosure of a Law Enforcement Record Might Risk Circumvention of the Law; in the Right Circumstances Trial Court Review of Right-to-Know Record Disclosure can Occur in an Ex-Parte In Camera Hearing.

ACLU v. City of Concord
November 8, 2021

Cell Tower Location Allowed Where a Gap in Wireless Service Exists.

GMR Holdings v. Lincoln
October 5, 2021

To Permit Removal Under Oath of Office the Divulged Information Must be Defamatory; Notice of a Nonpublic Session Based on Harm to Reputation Need Not be Provided to the Person Whose Reputation Could be Adversely Affected.

Tejasinha Sivalingam v. Frances Newton
October 1, 2021

In Order to Reassess the Value of Taxable Property There Must be a Change in the Market Value; Discovery of an Extreme Underassessment is Insufficient

Merrimack Premium Outlets v. Town of Merrimack
September 28, 2021

Housing Appeals Board Requires Planning Board to Revisit Decision on “Good Cause” to Extend Project Commencement and Completion Deadlines under RSA 674:39, IV

Brady Sullivan Prospect Hill v. City of Lebanon
September 16, 2021

Proving Disproportionality Requires a Taxpayer to Establish its Aggregate Valuation is a Higher Percentage of Fair Market Value than Property in the Municipality Generally

Appeal of City of Keene
September 16, 2021

Notice to Abutter is Required when Abutter is “Directly” not “Diagonally” Across a Street; and Planning Board Condition that Approvals be Obtained from all Necessary Approving Bodies Validates Conditional Approval

Seabrook Onestop, Inc. & a. v. Town of Seabrook & a.
September 16, 2021

Equalization Ratios May be Applied to Fair Market Value Assessments of Electric Utility Property to Determine Appropriate Abatement

Appeal of Town of Chester & a.